mbeisler2000
09-14-2006, 08:24 PM
My ex owes me $10,000 in back support, there is a court order for 122.00 a week which I receive not a regular basis...anyway heres the deal...today I received two checks for 160.00 a peice and a letter saying every payment I have received since april of this year does not belong to me and was given to me in error so I have to repay them...Whats the deal do they think I keep this in a savings account I use this for CHILD SUPPORT you know (softball, piano lessons, school clothes,etc) So what can I do???
stuckinamuck
09-15-2006, 07:06 AM
You should call the CS Agency and ask how these checks where in error (especially considering he owes back child support)? Tell them you have a court order and that you were never served with any modifications. It's wierd that they would send you $320.00 and then ask for more than that to be returned. IF the letter was signed by a specific person, ask for them when you call.
mommyof4
09-15-2006, 08:00 AM
http://www.laborlawtalk.com/showthread.php?t=157695
Okay, I read your other post. The reason that you must pay the child support back is because the money was not paid by your ex. The employer mistakenly withheld the child support from someone else's check. Why do you think that the other person should be held responsible for paying part of your exe's child support???? Yes, you have to pay it back. It was an honest mistake. Inconvenient, but still...
mom26
09-15-2006, 08:01 AM
Yes, I would contact the child support office and let them know that you have recieved no notice on anything and go from there. If he owes that much why don't you file for enforcement, sometimes they may get there lisence suspended and or other things.
mommyof4
09-15-2006, 08:08 AM
Okay, to make this clear to everyone. She has to pay the money back because the money was not withheld from her EX. It came from somebody else's paycheck because of a paperwork snafu on the employer's part. It never was her money, it is not her money, and it never will be her money.
My ex owes me $10,000 in back support, there is a court order for 122.00 a week which I receive not a regular basis...anyway heres the deal...today I received two checks for 160.00 a peice and a letter saying every payment I have received since april of this year does not belong to me and was given to me in error so I have to repay them...Whats the deal do they think I keep this in a savings account I use this for CHILD SUPPORT you know (softball, piano lessons, school clothes,etc) So what can I do???
I know it's a hardship for you to return the money, but you have to realize that the employer is the one who screwed up and you have to pay the price.
Since the money was never actually supposed to be paid to you, it's obvious and legally correct that you have to return it. You can try to talk to CSE, explain the situation and ask them if you can set up a payment plan with them rather than having to come up with it lump sum.
You might want to get a consult with an attorney also, I don't know if this is possible, but you MIGHT have a civil case against the employer, at least it's worth looking into.
BTW- Does your ex still work for that employer? If so, has the employer explained why they aren't garnishing your ex's wages?